Terms and Conditions for Focal Suite ERP
1. Introduction
Welcome to Focal Suite ERP. These Terms and Conditions (“Terms”) govern your use of our website and services. By accessing or using our website and services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.
2. Definitions
- “Service” refers to the Focal Suite ERP cloud-based software and related services.
- “User”, “You”, and “Your” refer to any individual or entity accessing or using our Service.
- “We”, “Us”, and “Our” refer to Focal Suite ERP and its affiliates.
3. Eligibility
You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that you have the legal capacity to enter into these Terms.
4. Account Registration
To access certain features of our Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.
5. Subscription and Payment
5.1 Subscription Plans
We offer various subscription plans for our Service. Details of the plans, including features and pricing, are available on our website.
5.2 Payment Terms
You agree to pay all fees and charges associated with your subscription plan in accordance with the payment terms specified on our website. All payments are non-refundable except as expressly stated in these Terms.
5.3 Billing
We will bill you in advance on a recurring basis (monthly or annually, depending on your subscription plan) unless otherwise agreed upon. You authorize us to charge your payment method on the billing date.
6. Use of the Service
6.1 License
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited license to access and use our Service for your internal business purposes.
6.2 Prohibited Uses
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws.
- Access or use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.
- Interfere with or disrupt the integrity or performance of the Service.
- Attempt to gain unauthorized access to the Service or its related systems or networks.
- Reverse engineer, decompile, or disassemble any portion of the Service.
7. User Content
7.1 Ownership
You retain all rights to any content you submit, post, or display on or through the Service (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content in connection with the Service.
7.2 Responsibility
You are solely responsible for your User Content and the consequences of submitting, posting, or displaying it. You represent and warrant that you have the necessary rights to grant us the license set forth in these Terms.
8. Data Privacy
Our Privacy Policy describes how we collect, use, and disclose information about you. By using our Service, you agree to our collection, use, and disclosure of information as described in our Privacy Policy.
9. Intellectual Property
9.1 Ownership
We own all rights, title, and interest in and to the Service, including all intellectual property rights. These Terms do not grant you any rights to use our trademarks, logos, or other proprietary information without our prior written consent.
9.2 Feedback
If you provide us with any feedback or suggestions regarding the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free, and fully paid-up license to use and exploit such feedback or suggestions for any purpose.
10. Termination
10.1 Termination by You
You may terminate your account at any time by contacting us at support@focalsuite.com. Upon termination, you will cease all use of the Service.
10.2 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, we may delete your User Content and other information related to your account. After termination, you can download your data backup.
11. Disclaimers
The Service is provided on an “as is” and “as available” basis. We make no warranties or representations, express or implied, about the Service, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
12. Limitation of Liability
To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify, defend, and hold harmless Focal Suite ERP, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service; (ii) your User Content; or (iii) your violation of these Terms.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws principles.
15. Dispute Resolution
15.1 Informal Resolution
We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at support@focalsuite.com. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.
15.2 Arbitration
Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration, rather than in court. The arbitration will be conducted in Malaysia, unless you and we agree otherwise.
16. Changes to Terms
We may modify these Terms at any time. If we make changes, we will post the amended Terms on our website and update the “Last Updated” date above. By continuing to access or use the Service after the changes become effective, you agree to be bound by the revised Terms.
17. Miscellaneous
17.1 Entire Agreement
These Terms constitute the entire agreement between you and Focal Suite ERP regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
17.2 Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.
17.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms at our sole discretion without restriction.
18. Contact Us
If you have any questions about these Terms, please contact us at:
Focal Suite ERP
Email: support@focalsuite.com
Address: 165-3-1, Jalan Sungai Besi, 57100 Wilayah Persekutuan, Kuala Lumpur.
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Thank you for choosing Focal Suite ERP.
